The portions of the Project Site known as the Northern Site and the Southern Site are discussed in more detail below.

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1 Contra Costa County Tassajara Parks Project Land Use, Population, and Housing 3.9 Land Use, Population, and Housing Introduction This section describes the existing land use and potential effects from Project implementation on the Project Site and its surrounding area. Descriptions and analysis in this section are based on, among other things, site reconnaissance and review of Project plans, Contra Costa County General Plan and Ordinance Code, and Contra Costa Local Agency Formation Commission and East Bay Municipal Utility District policies Environmental Setting Land Use The Project Site consists of grazing lands with open rolling hills dotted by mature oak trees. The dominant plant community is grazed, non native annual grassland, associated with the site s historic use for dry land farming and grazing. Elevations on site range from approximately 1,010 feet above mean sea level (msl) at a ridge top peak near the northern boundary of the Northern Site, to a low of approximately 590 feet above msl along the drainage at the southeast corner of the Southern Site along Camino Tassajara. The portions of the Project Site known as the Northern Site and the Southern Site are discussed in more detail below. Northern Site The Northern Site consists of approximately 155 acres, located north of Camino Tassajara, west of Finley Road. The Northern Site is bounded by undeveloped land to the north, including Mount Diablo State Park; rural residences, undeveloped land, and Finley Road to the east; Camino Tassajara to the south; and Tassajara Hills Elementary School and residences within the Blackhawk gated community to the west and Alamo Creek development to the southwest (Exhibit 2 3a). The Northern Site is predominantly undeveloped, although two barns, approximately 12 portable horse stables, related portable fencing, and several horse trailers are located in a small area on the northeastern portion of the site near Finley Road. A large flat area, including a small group of mature California black walnut trees (Juglans hindsii), is located in the southwest corner at the corner of Camino Tassajara and the adjacent Tassajara Hills Elementary School entrance. A short segment of Tassajara Creek crosses the northeastern end of the parcel, immediately adjacent to Finley Road. Tassajara Creek supports a dense riparian corridor dominated by valley oaks (Quercus lobata), coast live oaks (Quercus agrifolia), and other trees. A single drainage, shown as a blue line stream on the USGS Tassajara quadrangle, flows from west to east along the northern boundary of the Northern Site and empties into Tassajara Creek on site. There are two other poorly defined drainage features that originate in the hills north of Camino Tassajara and flow south to the valley floor where the drainage channel becomes less well defined and ephemeral flows appear to fan out onto the floodplain. Finally, there is a shallow drainage swale along the southern boundary of the Northern Site; this drainage swale receives a near constant contribution of nuisance water from the existing Mustang Soccer Complex located on the south side of Camino Tassajara. Y:\Publications\Client (PN JN)\2648\ \EIR\3 R DEIR\ Sec03 09 Land Use.docx 3.9 1

2 Land Use, Population, and Housing Contra Costa County Tassajara Parks Project Southern Site Located less than 0.5 mile to the south of the Northern Site, the Southern Site consists of approximately 616 acres located west of Camino Tassajara and east of the City of San Ramon. The Southern Site is bounded by undeveloped land, horse stables, and rural residences to the north; Camino Tassajara, rural residences, a swim school, and a fire training facility to the east; and undeveloped land to the south and west (Exhibit 2 3b). The Southern Site is primarily undeveloped, with the exception of one vacant, single family residence with associated support structures (barns, outbuildings) located along Camino Tassajara in the southeastern corner and a barn located just south of the Potential Future Fire District Parcel. The remnants of a former barn are located in the northern half of the site. Several unnamed tributaries flow west to east across the Southern Site. The majority of the tributaries and drainage features on the site are ephemeral in nature, and likely only carry flowing water during peak storm events. There is also one perennial seep along the southern boundary of the site. Land Use and Zoning Designations Project Site Both the Northern and Southern Sites are designated Agricultural Land (AL) by the Contra Costa General Plan and zoned Exclusive Agricultural (A 80) by the Contra Costa County Ordinance Code. Surrounding Land Uses Land uses surrounding the Project Site are varied. The surrounding land uses for both the Northern Site and the Southern Site are each discussed further below. Northern Site As shown on Exhibit 2 3a, Tassajara Hills Elementary School and single family residences located in the community of Blackhawk are located along the western boundary. Single family residences are also located immediately to the west of Tassajara Hills Elementary School. Undeveloped land consisting of agricultural uses on rolling hills is located to the north of the Northern Site. Land consisting of rolling hills and scattered trees, large lot single family residences, Tassajara Creek, and Finley Road are located to the east. Camino Tassajara forms the southern boundary of the Northern Site. Immediately south of Camino Tassajara is San Ramon Valley Fire Protection District (SRVFPD) Station 36, the Mustang Soccer Complex, senior apartments, and single family high density residences in the Alamo Creek development. Table summarizes the surrounding land use and zoning designations for the Northern Site. Existing land use and zoning designations are illustrated on Exhibit and Exhibit 3.9 2, respectively. Table 3.9 1: Surrounding Land Use and Zoning Designations Northern Site Land Use Relationship to Project Site General Plan Land Use Designation Zoning Tassajara Hills Elementary School West Public/Semi Public PS P 1 (Planned Unit) Single Family Residential West SL (Single Family Residential Low) P 1 (Planned Unit) Y:\Publications\Client (PN JN)\2648\ \EIR\3 R DEIR\ Sec03 09 Land Use.docx

3 Contra Costa County Tassajara Parks Project Land Use, Population, and Housing Table (cont.): Surrounding Land Use and Zoning Designations Northern Site Land Use Relationship to Project Site General Plan Land Use Designation Undeveloped Land North AL (Agricultural Lands) A 80 (Exclusive Agricultural) Undeveloped Land East AL (Agricultural Lands) A 80 (Exclusive Agricultural) Zoning Single Family Residential East AL (Agricultural Lands) A 2 (General Agricultural), A 3 (Heavy Agricultural) San Ramon Valley Fire Station 36 South PS Public/Semi Public P 1 (Planned Unit) Senior Apartments South MH (Multiple Family Residential High) P 1 (Planned Unit) Soccer Fields South PR (Parks and Recreation) P 1 (Planned Unit) Undeveloped Land South AL (Agricultural Lands) A 80 (Exclusive Agricultural), A 2 (General Agricultural) Single Family Residential Southwest SH (Single Family Residential High) Source: Contra Costa County GIS Map, 2014; Contra Costa County General Plan Land Use Map, 2014 P 1 (Planned Unit) Southern Site As shown on Exhibit 2 3b, the Southern Site is predominantly surrounded by undeveloped rolling hills to the north, west, and south. The Boundary Gate equestrian facility is located immediately to the north, and the Alamo Creek residential community is located farther to the northwest. Camino Tassajara forms the majority of the eastern boundary. Uses along Camino Tassajara include the All Star Swim Academy, the Diablo K9 Academy, and the San Ramon Valley Fire Protection District Training Site on the west side of Camino Tassajara. Land uses on the east side of Camino Tassajara include large lot single family residences, equestrian facilities, an orchard, undeveloped land, and Tassajara Creek. Table summarizes the surrounding land use and zoning designations for the Southern Site. Existing land use and zoning designations are illustrated on Exhibit and Exhibit 3.9 2, respectively. Table 3.9 2: Surrounding Land Use and Zoning Designations Southern Site Land Use Relationship to Project Site General Plan Undeveloped Land West OS (Open Space) and AL (Agricultural Lands) Land Use Designation Zoning A 80 (Exclusive Agricultural) Single Family Residential West SL (Single Family Residential Low) P 1 (Planned Unit) Y:\Publications\Client (PN JN)\2648\ \EIR\3 R DEIR\ Sec03 09 Land Use.docx 3.9 3

4 Land Use, Population, and Housing Contra Costa County Tassajara Parks Project Table (cont.): Surrounding Land Use and Zoning Designations Southern Site Land Use Relationship to Project Site General Plan Land Use Designation Zoning Undeveloped Land North AL (Agricultural Lands) A 80 (Exclusive Agricultural) Large Lot Single Family Residential Large lot Single Family Residential North AL (Agricultural Lands) A 2 (General Agricultural) East AL (Agricultural Lands) A 2 (General Agricultural), A 80 (Exclusive Agricultural) Aquatics School East AL (Agricultural Lands) A 2 (General Agricultural) Fire District Training Facility East AL (Agricultural Lands) A 2(General Agricultural) Equestrian Facility East AL (Agricultural Lands) A 2(General Agricultural) Orchard East AL (Agricultural Lands) A 80 (Exclusive Agricultural) Undeveloped Land East AL (Agricultural Lands) A 80 (Exclusive Agricultural) Undeveloped Land South AL (Agricultural Lands) A 80 (Exclusive Agricultural) Source: Contra Costa County GIS Map, 2014; Contra Costa County General Plan Land Use Map, 2014 Urban Limit Line In 1990, voters in Contra Costa County approved Measure C 1990, the 65/35 Contra Costa County Land Preservation Plan Ordinance (65/35 Ordinance). Measure C 1990 limits urban development to no more than 35 percent of the land in the County, and requires that at least 65 percent of the land be preserved for agriculture, open space, wetlands, parks, and other non urban uses. Measure C 1990 also established the County s ULL, a line beyond which no urban land use can be designated. In 2006, under Measure L, voters extended the term of the 65/35 Land Preservation Plan Ordinance and ULL to the year As indicated by the Contra Costa General Plan, the purpose of the ULL is twofold: (1) to ensure preservation of identified non urban agricultural, open space and other areas by establishing a line beyond which no urban land uses can be designated during the 65/35 Land Preservation Plan Ordinance term, and (2) to facilitate the enforcement of the 65/35 land preservation standard. Currently, the Project Site is located outside the ULL. The western portion of the Northern Site is contiguous with the ULL. Current Population and Housing Estimates The California Department of Finance estimated the total population of unincorporated Contra Costa County to be 166,594 as of January 1, 2015 (California Department of Finance 2015). In December 2015, the California Department of Employment Development estimated 514,500 employed and 30,800 unemployed persons within unincorporated Contra Costa County (California Department of Employment Development 2015). Population, housing, and employment characteristics for unincorporated Contra Costa County are summarized in Table Y:\Publications\Client (PN JN)\2648\ \EIR\3 R DEIR\ Sec03 09 Land Use.docx

5 Blackhawk Dr Camino Tassajara Finley Rd Johnst on Rd Legend ProjectSite CityBoundary Sing le-fam ilyr esidential-low Density Sing le-fam ilyr esidential-medium Density Sing le-fam ilyr esidential-hig h Density Multiple-Fam ilyr esidential-low Density Multiple-Fam ilyr esidential-medium Density Multiple-Fam ilyr esidential-hig h Density Open Space ParksandR ecreation PublicandSem i-public Ag riculturallands Camino Tassajara Highlan d Rd Source:ESR I;ContraCostaCountyGIS I 2,000 1, ,000 Feet / _g plu.m x d Ex h ibit3.9-1 Ex isting GeneralPlan LandUseDesig nations CONTR ACOSTACOUNTY TASSAJAR APAR KSPR OJECT R ECIR CULATEDDR AFTENVIR ONMENTALIMPACTR EPOR T

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7 Legend Proje ctsite City Boundary Ge ne ralag ricultural He avy Ag ricultural Ex clusive Ag ricultural Planne dunit Blackhawk Dr Camino Tassajara Finley Rd Johnst on Rd Camino Tassajara Highlan d Rd Source :ESR I;ContraCostaCounty GIS I 2,000 1, ,000 Fe e t / _zoning.m x d Ex h ibit3.9-2 Ex isting Zoning De sig nations CONTR ACOSTACOUNTY TASSAJAR APAR KSPR OJECT R ECIR CULATEDDR AFTENVIR ONMENTALIMPACTR EPOR T

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9 Contra Costa County Tassajara Parks Project Land Use, Population, and Housing Table 3.9 3: Population, Housing, and Employment Characteristics of Unincorporated Contra Costa County (2015) Population Housing Units Households Persons per Household Employment Unemployed Persons 166,594 63, , ,500 30,800 Source: California Department of Finance, 2015; California Department of Employment Development, Historic Population Growth Population within unincorporated Contra Costa County has increased since The overall unincorporated population has grown by 13,753 from 1990 to Population growth in the unincorporated County areas between 1990 and 2015 is summarized in Table Table 3.9 4: Contra Costa County Unincorporated Historic Population Growth Year Population Change From Previous (percent) , , , , , , Net Change 13, Compound Annual Growth Rate 0.35 Note: 1 The City of Oakley incorporated in 1999 resulting in a decline in housing units in the unincorporated County. Source: California Department of Finance, 2007; California Department of Finance, Population Growth Projections The California Department of Finance provides population projections for Contra Costa County in 5 year increments (California Department of Finance 2014). Contra Costa County is projected to have a population of 1,166,670 in 2020 with a consistent growth rate in the following years. The California Department of Finance s population growth projections for 2020 through 2035 are summarized in Table Table 3.9 5: Contra Costa County Population Growth Projections Year Population Change From Previous (Percent) ,166, ,224, ,281, Y:\Publications\Client (PN JN)\2648\ \EIR\3 R DEIR\ Sec03 09 Land Use.docx 3.9 9

10 Land Use, Population, and Housing Contra Costa County Tassajara Parks Project Table (cont.): Contra Costa County Population Growth Projections Year Population Change From Previous (Percent) ,341, Net Change 175, Compound Annual Growth Rate 0.94 Source: California Department of Finance, Historic Housing Growth The California Department of Finance also provides historic housing growth estimates for unincorporated Contra Costa County. The County s unincorporated housing units increased by six percent in the period between 1990 and 2015 the County and has experienced a compound annual growth rate of The County s unincorporated housing growth between 1990 and 2015 is summarized in Table Table 3.9 6: Contra Costa County Historic Housing Growth Year Dwelling Units Change from Previous (Percent) , , , , , , Net Change Compound Annual Growth Rate 0.25 Note: 1 The City of Oakley incorporated in 1999 resulting in a decline in housing units in the unincorporated County. Source: California Department of Finance, 2015, 2012, Regulatory Framework State Beverly Act of 1979 (SB 1195) The Beverly Act of 1979 (Public Resources Code Sections ) enabled the creation of Geologic Hazard Abatement Districts (GHADs), which provide financial mechanisms for prevention, mitigation, abatement, or control of a geologic hazard. The Act broadly defines geologic hazard as an actual or threatened landslide, land subsidence, soil erosion, earthquake, or any other natural or unnatural movement of land or earth. A GHAD may be proposed by one of two means: (1) a petition signed by owners of at least 10 percent of the real property in the district, or (2) by resolution of a local legislative body Y:\Publications\Client (PN JN)\2648\ \EIR\3 R DEIR\ Sec03 09 Land Use.docx

11 Contra Costa County Tassajara Parks Project Land Use, Population, and Housing A proposal for a GHAD must be accompanied by a plan of control, prepared by a certified engineering geologist, which describes in detail a geologic hazard, its location and the area affected thereby, and a plan for the prevention, mitigation, abatement, or control thereof (Section 26509). The land within a district need not be contiguous; but the lands within a GHAD must be specially benefited by construction proposed in the plan of control, and the formation of a district must be required to ensure the health, safety, and welfare of the residents. The Act requires public hearings prior to district formation. If owners of more than 50 percent of the assessed valuation of the proposed district object to the formation, the legislative body must abandon the proceedings. If this threshold is not met, then the legislative body may form the district, initially appointing five property owners to the board of directors (or the members of the legislative body can serve this role). Thereafter, the district becomes an independent entity. Once created, a GHAD may issue bonds, purchase and dispose of property, acquire property by eminent domain, levy and collect assessments, sue and be sued, and construct and maintain improvements. Local Contra Costa County General Plan The Contra Costa County 2020 General Plan serves as the fundamental land use and development policy document and identifies how the unincorporated areas will grow and conserve their resources. The General Plan contains the following elements: Land Use, Growth Management, Transportation and Circulation, Housing, Public Facilities and Services, Conservation, Open Space, Safety, and Noise. Within each element, the General Plan sets forth goals, policies, and implementation measures to guide future development and land use activities. Goals provide a description of general community values and set the direction for more specific policies and implementation programs related to public health, safety, or general welfare. Policies are based upon General Plan goals and provide a specific statement intended to guide decision making. Implementation measures are specific actions, procedures, programs, or techniques that carry out a General Plan policy. The Project Site is currently designated Agricultural Lands by the Contra Costa General Plan. The Project Site would be re designated to a mixture of Single Family Residential High, Parks and Recreation, and Public/Semi Public (Exhibit 3.9 3a and Exhibit 3.9 3b). Each land use designation is summarized below. Agricultural Lands (AL) The AL land use designation includes most of the privately owned rural lands in the County, excluding private lands that are composed of prime soils or lands that are located in or near the Delta. Most of the AL lands are in hilly portions of the County and are used for grazing livestock, or dry grain farming. The category also includes non prime agricultural lands in flat East County areas, such as outside Oakley, which are planted in orchards. Some of the Agricultural Lands east of Oakley and Byron are included in the 100 year flood plain, as mapped by the Federal Emergency Management Agency (FEMA). Y:\Publications\Client (PN JN)\2648\ \EIR\3 R DEIR\ Sec03 09 Land Use.docx

12 Land Use, Population, and Housing Contra Costa County Tassajara Parks Project Single Family Residential High Density (SH) The SH designation allows between 5.0 and 7.2 single family units per net acre. Individual parcels can be up to a maximum of 8,729 square feet in area. With an average of 2.5 to 3 persons per household, population densities would normally range from about 12.5 to about 22 persons per acre. Parks and Recreation (PR) The PR designation includes publicly owned city, district, County, and regional parks facilities, as well as golf courses, whether publicly or privately owned. Appropriate uses in the designation are passive and active recreation oriented activities, and ancillary commercial uses such as snack bars and restaurants. The construction of new privately owned residences or commercial uses and the subdivision of land are inconsistent with this General Plan designation. Public/Semi Public (PS) The PS designation includes properties owned by public governmental agencies such as libraries, fire stations, schools, etc. This designation is also applied to public transportation corridors (freeways, highways, and BART), as well as privately owned transportation and utility corridors such as railroads, PG&E lines, and pipelines. A wide variety of public and private uses are allowed by this General Plan category. However, the construction of private residences or private commercial uses and the subdivision of land are not considered compatible with this designation. General Plan Land Use Element Applicable policies found in the Land Use Element include the following: Goal LU3.8 3 A: To coordinate land use with circulation, development of other infrastructure facilities, and protection of agriculture and open space, and to allow growth and the maintenance of the County s quality of life. In such an environment, all residential, commercial, industrial, recreational and agricultural activities may take place in safety, harmony, and to mutual advantage. Goal LU3.8 3 C: To encourage aesthetically and functionally compatible development which reinforces the physical character and desired images of the County. Goal LU3.8 3 E: To recognize and support existing land use densities in most communities, while encouraging higher densities in appropriate areas, such as near major transportation hubs and job centers. Goal LU3.8 3 F: To permit urban development only in locations of the County within identified outer boundaries of urban development where public service delivery systems that meet applicable performance standards are provided or committed. Goal LU3.8 3 G: To discourage development on vacant rural lands outside of planned urban areas which is not related to agriculture, mineral extraction, wind energy or other appropriate rural uses; discourage subdivision down to minimum parcel size of rural lands that are within, or accessible only through, geologically unstable areas; and to protect open hillsides and significant ridgelines. Goal LU3.8 3 J: To encourage a development pattern that promotes the individuality and unique character of each community in the County. Policy 3 5: New development within unincorporated areas of the County may be approved, providing growth management standards and criteria are met or can be assured of being met prior to the issuance of building permits in accordance with the growth management Y:\Publications\Client (PN JN)\2648\ \EIR\3 R DEIR\ Sec03 09 Land Use.docx

13 Source: Carlson, Barbee & Gibson, Inc, 2015 I Exhibit 3.9-3a Proposed General Plan Land Use Designations Northern Site / a_north_pgplu.cdr CONTRA COSTA COUNTY TASSAJARA PARKS PROJECT RECIRCULATED DRAFT ENVIRONMENTAL IMPACT REPORT

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15 Source: Carlson, Barbee & Gibson, Inc, 2015 I Exhibit 3.9-3b Proposed General Plan Land Use Designations Southern Site / b_south_pgplu.cdr CONTRA COSTA COUNTY TASSAJARA PARKS PROJECT RECIRCULATED DRAFT ENVIRONMENTAL IMPACT REPORT

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17 Contra Costa County Tassajara Parks Project Land Use, Population, and Housing Policy 3 6: Development of all urban uses shall be coordinated with provision of essential Community services or facilities including, but not limited to, roads, law enforcement and fire protection services, schools, parks, sanitary facilities, water and flood control. Policy 3 7: The location, timing and extent of growth shall be guided through capital improvements programming and financing (i.e., a capital improvement program, assessment districts, impact fees, and developer contributions) to prevent infrastructure, facility and service deficiencies. Policy 3 9: Infilling of already developed areas shall be encouraged. Proposals that would prematurely extend development into areas lacking requisite services, facilities and infrastructure shall be opposed. In accommodating new development, preference shall generally be given to vacant or under used sites within urbanized areas, which have necessary utilities installed with available remaining capacity, before undeveloped suburban lands are utilized. Policy 3 10: The extension of urban services into agricultural areas outside the Urban Limit Line, especially growth inducing infrastructure, shall be generally discouraged. Policy 3 11: Urban uses shall be expanded only within an Urban Limit Line where conflicts with the agricultural economy will be minimal. Policy 3 12: Preservation and buffering of agricultural land should be encouraged as it is critical to maintaining a healthy and competitive agricultural economy and assuring a balance of land uses. Preservation and conservation of open space, wetlands, parks, hillsides and ridgelines should be encouraged as it is crucial to preserve the continued availability of unique habitats for wildlife and plants, to protect unique scenery and provide a wide range of recreational opportunities for County residents. Policy 3 14: Protect prime productive agricultural land from inappropriate subdivisions. Policy 3 18: Flexibility in the design of projects shall be encouraged in order to enhance scenic qualities and provide for a varied development pattern. Policy 3 24: Housing opportunities shall be improved through encouragement of distinct styles, desirable amenities, attractive design and enhancement of neighborhood identity. Policy 3 25: Innovation in site planning and design of housing developments shall be encouraged in order to upgrade quality and efficiency of residential living arrangements and to protect the surrounding environment. Policy 3 28: New residential development shall be accommodated only in areas where it will avoid creating severe unmitigated adverse impacts upon the environment and upon the existing community. Policy 3 29: New housing projects shall be located on stable and secure lands or shall be designed to mitigate adverse or potentially adverse conditions. Residential densities of conventional construction shall generally decrease as the natural slope increases. Ordinance Code Zoning Designations The Project Site is currently zoned Exclusive Agriculture (A 80) by the Contra Costa Zoning Ordinance. The Project Site would be rezoned to Planned Unit District (P 1) (Exhibit 3.9 4a and Exhibit 3.9 4b). In general, the Contra Costa Zoning Ordinance, under Chapter of the Planned Unit District, is intended to allow diversification in the relationship of various uses, buildings, Y:\Publications\Client (PN JN)\2648\ \EIR\3 R DEIR\ Sec03 09 Land Use.docx

18 Land Use, Population, and Housing Contra Costa County Tassajara Parks Project structures, lot sizes and open space while insuring substantial compliance with the General Plan and the intent of the Contra Costa County Ordinance Code in requiring adequate standards necessary to satisfy the requirements of the public health, safety and general welfare. Allowed uses within a Planned Unit District generally include: Any land uses permitted by an approved final development plan which are in harmony with each other, serve to fulfill the function of the planned unit development, and are consistent with the general plan. A detached single family dwelling on each legally established lot and the accessory structures and uses normally auxiliary to it. The proposed redesignation of the Project Site to Planned Unit District (P 1) is necessary to allow for the 30 acre residential development and to ensure permanent preservation and protection for park, recreation, open space, agriculture, grazing, scenic, wetland preservation and creation, and habitat mitigation land uses for the remainder of the Project Site. As outlined in the P 1 Planned Unit District description proposed for the Project, the following uses would be allowed in the 30 acre Residential Development Area of the Northern Site, to be designated Single Family Residential (SH) under the General Plan: 125 single family homes, with streets, sidewalks and landscaping For the portion of the Northern Site proposed to be designated Parks and Recreation (PR) under the General Plan, the following uses would be allowed: Parks, recreation, open space, grazing, and other uses consistent with the EBRPD Master Plan, as amended and adopted by the EBRPD Board. Stormwater detention basin Wastewater pump station Two staging areas Trail connecting the staging areas, and related grading For the portion of the Southern Site designated Parks and Recreation (PR) under the General Plan, the following uses would be allowed: Parks, recreation, open space, grazing, and other uses consistent with an EBRPD Master Plan, as amended and adopted by the EBRPD Board. For the portion of the Southern Site designated Public/Semi Public (PS), the following use would be allowed upon issuance of a discretionary Land Use Permit/Development Plan: Public safety training facilities for the San Ramon Valley Fire Protection District Y:\Publications\Client (PN JN)\2648\ \EIR\3 R DEIR\ Sec03 09 Land Use.docx

19 Source: Carlson, Barbee & Gibson, Inc, 2015 I Exhibit 3.9-4a Proposed Zoning Designation Northern Site / a_north_pzone.cdr CONTRA COSTA COUNTY TASSAJARA PARKS PROJECT RECIRCULATED DRAFT ENVIRONMENTAL IMPACT REPORT

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21 Source: Carlson, Barbee & Gibson, Inc, 2015 I Exhibit 3.9-4b Proposed Zoning Designation Southern Site / b_south_pzone.cdr CONTRA COSTA COUNTY TASSAJARA PARKS PROJECT RECIRCULATED DRAFT ENVIRONMENTAL IMPACT REPORT

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23 Contra Costa County Tassajara Parks Project Land Use, Population, and Housing Urban Limit Line and 65/35 Land Preservation Plan Section , 65/35 Land Preservation Standard, of the Contra Costa County Ordinance Code limits urban development in the County to no more than 35 percent of the land in the County. At least 65 percent of all land in the County shall be preserved for agriculture, open space, wetlands, parks and other nonurban uses. Section , Urban Limit Line, of the Contra Costa County Ordinance Code is established to ensure the enforcement of the 65/35 standard. The ULL limits potential urban development in the County to 35 percent of the land in the County and prohibits the County from designating any land located outside the ULL for an urban land use. Section , Changes to the Urban Limit Line, indicates that there shall be no changes to the ULL that violates the 65/35 standard, but after holding a public hearing a four fifths vote of the Contra Costa County Board of Supervisors can change the ULL by up to 30 acres, as long as the 65/35 standard is maintained and one or more of the following findings are made based on substantial evidence in the record: A natural or man made disaster or public emergency has occurred which warrants the provision of housing and/or other community needs within land located outside the urban limit line; An objective study has determined that the urban limit line is preventing the county from providing its fair share of affordable housing, or regional housing, as required by state law, and the board of supervisors finds that a change to the urban limit line is necessary and the only feasible means to enable the county to meet these requirements of state law; A majority of the cities that are party to a preservation agreement and the county have approved a change to the urban limit line affecting all or any portion of the land covered by the preservation agreement; A minor change to the urban limit line will more accurately reflect topographical characteristics or legal boundaries; A five year cyclical review of the urban limit line has determined, based on the criteria and factors for establishing the urban limit line set forth in Section above, that new information is available (from city or county growth management studies or otherwise) or circumstances have changed, warranting a change to the urban limit line; An objective study has determined that a change to the urban limit line is necessary or desirable to further the economic viability of the East Contra Costa County Airport, and either (i) mitigate adverse aviation related environmental or community impacts attributable to Buchanan Field, or (ii) further the county s aviation related needs; or A change is required to conform to applicable California or federal law. Inclusionary Housing Ordinance Chapter 822 4, Inclusionary Housing Ordinance, of the Contra Costa County Ordinance Code facilitates the development and availability of housing affordable to a broad range of households Y:\Publications\Client (PN JN)\2648\ \EIR\3 R DEIR\ Sec03 09 Land Use.docx

24 Land Use, Population, and Housing Contra Costa County Tassajara Parks Project with varying income levels within the County. A residential development consisting of five to 125 for sale units must develop and sell at least 15 percent of the for sale units as inclusionary units. However, as an alternative to providing some or all of the inclusionary units required, an in lieu fee may be paid pursuant to Contra Costa County Ordinance Code Section The fee paid is established by the Community Development Department s fee schedule as adopted by the Board of Supervisors. Contra Costa Local Agency Formation Commission 1 LAFCo is a state mandated local agency that oversees boundary changes to cities and special districts, the formation of new agencies including the incorporation of new cities, and the consolidation of existing agencies. As indicated by the Contra Costa LAFCO General Policy Statement, the statutory goals of the LAFCO include the promotion of orderly growth and development by determining logical local boundaries [ 56001], preservation of open space by encouraging development of vacant land within cities before annexation of vacant land adjacent to cities [ 56377(b)], and preservation of prime agricultural land by guiding development away from presently undeveloped prime agricultural lands [ 56377(a)]. Furthermore, while not bound by the regulations promulgated by local agencies in this County, LAFCO prefers that proponents of any boundary or SOI change demonstrate that their proposal will be consistent with such local regulations as may be relevant to the factors that LAFCO must consider pursuant to This policy is to include, but is not limited to, the regulation of water and sewer agencies such as the East Bay Municipal Utility District and the Central Contra Costa Sanitary District. East Bay Municipal Utilities District East Bay Municipal Utilities District (EBMUD) is a publicly owned utility formed under the Municipal Utility District Act (MUD Act) passed by the California Legislature in The MUD Act, as codified by the Public Utilities Code of the State of California, authorizes the formation and governance of the District. EMBUD Policies 3.01 (covering annexations), 3.05 (defining service territory), and 3.08 (potentially requiring an advisory election for the provision of water outside the service territory) are applicable to the Project Methodology FCS personnel performed site reconnaissance of the Project Site in July 2014 and again in March FCS documented existing conditions with digital photographs and notes. FCS reviewed the Contra Costa County General Plan and Ordinance Code for provisions applicable to the Project. Finally, FCS reviewed Project plans for consistency with the relevant provisions of the General Plan and Ordinance Code, as well as other relevant provisions such as those under LAFCO law. Impacts on population and housing were assessed by reviewing existing and anticipated population and housing figures provided by the California Department of Finance, California Department of Employment Development and, and the Association of Bay Area Governments (ABAG). The Project s impacts were evaluated by determining their consistency with these estimates and projections. 1 Under LAFCO law, Alameda LAFCO is the principal county for making annexation and sphere of influence decisions for EBMUD. However, in July 2016, Alameda LAFCO transferred its jurisdiction of these decisions to Contra Costa LAFCO, as provided for under LAFCO law Y:\Publications\Client (PN JN)\2648\ \EIR\3 R DEIR\ Sec03 09 Land Use.docx

25 Contra Costa County Tassajara Parks Project Land Use, Population, and Housing Thresholds of Significance According to Appendix G, Environmental Checklist, of the CEQA Guidelines, land use impacts resulting from the implementation of the Project would be considered significant if the Project would: a) Physically divide an established community? (Refer to Section 7, Effects Found not to be Significant.) b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the Project (including but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation plan or natural communities conservation plan? In addition, to determine whether impacts to population and housing are significant environmental impacts, the following questions are analyzed and evaluated: d) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? e) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? (Refer to Section 7, Effects Found not to be Significant.) f) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? (Refer to Section 7, Effects Found not to be Significant.) Project Impacts and Mitigation Measures This section discusses potential environmental impacts associated with the development and operation of the Project and provides feasible mitigation measures where appropriate. As described in Section 2 of this R DEIR, a Memorandum of Understanding (MOU) is currently being considered to preserve certain land in the County for agriculture and open space, wetlands, or parks. The effect of the MOU would be to continue existing policy, and the MOU would not result in a substantial adverse change to existing conditions with respect to land use, population, and housing. The range of actions to be considered pursuant to the MOU were it to be adopted would include promoting agriculture through the purchase of land or easements from willing sellers, through continuing the Williamson Act program and its related tax benefits, as well as through technical support to better manage weeds and water. To the extent that any specific projects that could be considered for funding pursuant to the MOU such as land conservation, weed management, or groundwater improvements could have adverse environmental effects, such projects would be subject to separate project level CEQA review as proposed actions are defined and funding for them is identified. As the precise location and scope of such projects is not known at this time, further consideration of potential impacts would be speculative. Y:\Publications\Client (PN JN)\2648\ \EIR\3 R DEIR\ Sec03 09 Land Use.docx

26 Land Use, Population, and Housing Contra Costa County Tassajara Parks Project General Plan Consistency Impact LU 1: The Project would not conflict with any applicable provisions of the Contra Costa County General Plan adopted for the purposes of avoiding or mitigating an environmental effect. Impact Analysis The Project Site is currently designated Agricultural Land (AL) by the Contra Costa General Plan, which allows all land dependent and non land dependent agricultural production and related activities. The Project involves the development of 125 residences and related infrastructure, two trail staging areas, and a connecting trail on the Northern Site. No urban development is proposed for any portion of the Southern Site; only the creation of wetlands (involving approximately 1.18 acres, including minor grading) as mitigation for impacts on the Northern Site. On the Northern Site, the applicant proposes to convey the Pedestrian Staging Area (after it is improved) as well as the Future Equestrian Staging Area via fee simple transfer to EBRPD. In addition, the applicant proposes to grant a perpetual easement over a portion of the Northern Site to the EBRPD for the purpose of a future trail. The entire Northern Site would be annexed into a GHAD as discussed in Regulatory Setting, Section 3.9.3, subject to deed restrictions that would prohibit any future urban uses outside the Residential Development Area. In total, approximately 710 acres of the Project Site would be permanently preserved, thereby preserving open space, wetlands, hillsides, ridgelines, wildlife and plant habitat, and unique scenery, while providing for recreational uses. One 7 acre parcel on the Southern Site, adjacent to Camino Tassajara, has been contingently offered for dedication to the SRVFPD for potential future public use in a manner consistent with the ULL and proposed Planned Unit Development zoning. Exhibit 3.9 3a and Exhibit 3.9 3b illustrate the proposed General Plan Designations. The proposed land use designations as outlined in Exhibit 3.9 3a and Exhibit 3.9 3b are necessary to allow residential development on a 30 acre portion of the site and to ensure permanent protection for parks, recreation, open space, agriculture, grazing, scenic, wetland preservation and creation, and habitat mitigation. When a project entails an amendment to the General Plan or zoning, inconsistency with the existing designation or zoning is an element of the Project itself, which then necessitates a legislative policy decision by the agency and does not signify a potential environmental effect. As such, the proposed General Plan Amendment and proposed rezoning would serve as a self mitigating aspect of the Project that would correct any conflict that would otherwise exist. Single Family Residential High Density (SH) The Project would result in 125 residential units on approximately 22.5 acres of the 30 acre Residential Development Area (the remaining approximately 7.5 acres accounts for interior roadways, landscaping, and related improvements). The resulting density is 5.58 dwelling units per acre, consistent with the Single Family Residential High Density (SH) land use designation s allowable range of between 5.0 and 7.2 dwelling units per acre Y:\Publications\Client (PN JN)\2648\ \EIR\3 R DEIR\ Sec03 09 Land Use.docx

27 Contra Costa County Tassajara Parks Project Land Use, Population, and Housing The average lot size would be approximately 7,447 square feet, which is consistent with the maximum allowable size of 8,729 square feet. As such, these lots would be consistent with the Project s proposed P 1 zoning designation, and they are consistent with surrounding residential uses. Assuming three persons per dwelling unit, the total potential population of the Residential Development Area would be 375 persons. Because the Project would meet the density range established for the land use classification and be consistent with allowable lot sizes, the proposed Residential Development Area is consistent with this land use designation. Parks and Recreation (PR) The Parks and Recreation designation includes publicly owned city, district, County and regional parks facilities. The General Plan identifies appropriate uses in this designation as passive and active recreation oriented activities. Permanent preservation of approximately 710 acres of the Project Site for uses related to parks, recreation, open space, agriculture, grazing, scenic, habitat mitigation, and wetland preservation and creation is consistent with this land use designation. Similarly, the proposed staging areas and trail on the Northern Site are consistent with this land use designation. Public/Semi Public (PS) The Public/Semi Public designation includes properties owned by public governmental agencies such as libraries, fire stations, schools, etc. The 7 acre Potential Future Fire District Parcel on the Southern Site has been contingently offered for dedication to the SRVFPD for the agency s potential future use in a manner consistent with the ULL and the P 1 zoning. Note that the SRVFPD has not formally indicated its intention to accept the contingent offer. Accordingly, as of the writing of this EIR, while the Project applicant has contingently offered to convey the Potential Future Fire District Parcel, it is not known whether SRVFPD will accept such offer of dedication, nor is it known what or when (if at all) any such potential future use(s) may be pursued. If the SRVFPD accepts the contingent offer and eventually seeks to pursue development of this Parcel, that proposal would be required to comply with the Public/Semi Public land use designation, County s ULL and related policies, and the restrictions set forth in the Project s P 1 zoning. The proposal would also be required to comply with all applicable environmental review requirements under CEQA (which would be triggered because the SRVFPD would be required to obtain a discretionary land use permit from the County). 2 As such, any future uses on the Potential Future Fire District Parcel would be required to be consistent with this land use designation. Growth Management, 65/35 Land Plan, and Urban Limit Line The General Plan includes nine policies related to growth management, the 65/35 Land Plan (or Ordinance), and the ULL. The Project s consistency with each policy is discussed below. Policy 3 5: New development within unincorporated areas of the County may be approved, providing growth management standards and criteria are met or can be assured of being met prior to the issuance of building permits in accordance with the growth management. Consistent: As discussed under Impact LU 2, the Project would not cause the County to exceed the 35 percent urban land use limit. Consistency with other growth management standards and criteria are provided in the following policy consistency statements. 2 In the event the SRVFPD does not accept the contingent offer of dedication, then this 7 acre Parcel would be conveyed to the EBRPD along with the other acreage in the Southern Preservation Area and thus would be preserved in perpetuity for park, recreational, open space, scenic, grazing, wetlands preservation and creation, agricultural, and habitat mitigation purposes. Y:\Publications\Client (PN JN)\2648\ \EIR\3 R DEIR\ Sec03 09 Land Use.docx

28 Land Use, Population, and Housing Contra Costa County Tassajara Parks Project Policy 3 6: Development of all urban uses shall be coordinated with provision of essential Community services or facilities including, but not limited to, roads, law enforcement and fire protection services, schools, parks, sanitary facilities, water and flood control. Consistent: As discussed throughout this R DEIR, sufficient community roadway improvements, services, and facilities are available to serve the Project. Refer to Section 3.11 for discussions related to the provision of law enforcement, fire protection services, schools, and parks. Refer to Section 3.13, Utilities and Service Systems for discussions related to sanitary facilities and water. Refer to Section 3.8, Hydrology for discussions related to stormwater and flood control. Refer to Section 3.12, Transportation and Traffic for discussions related to roadways and roadway improvements. No infrastructure would be extended into the Preservation Areas. No services are proposed, would be needed, or would be extended to the Southern Site. Any potential future development on the Future Potential Fire District Parcel would be required, as part of the County s discretionary land use permit process, to prove separately that sufficient infrastructure is available and can be provided in a manner consistent with the ULL. Policy 3 7: The location, timing and extent of growth shall be guided through capital improvements programming and financing (i.e., a capital improvement program, assessment districts, impact fees, and developer contributions) to prevent infrastructure, facility and service deficiencies. Consistent: As discussed throughout this R DEIR, the Project applicant would implement various infrastructure improvements, contribute required developer fees, and pay appropriate impact fees to ensure that appropriate levels of infrastructure, facilities, and services would be available to the Project while continuing to be available to existing development. Refer to Section 3.11 for discussions related to the provision of law enforcement, fire protection services, schools, and parks. Refer to Section 3.13, Utilities and Service Systems for discussions related to sanitary facilities and water. Refer to Section 3.8, Hydrology for discussions related to stormwater and flood control. Policy 3 9: Infilling of already developed areas shall be encouraged. Proposals that would prematurely extend development into areas lacking requisite services, facilities and infrastructure shall be opposed. In accommodating new development, preference shall generally be given to vacant or under utilized sites within urbanized areas, which have necessary utilities installed with available remaining capacity, before undeveloped suburban lands are utilized. Consistent: Although the Residential Development Area of the Project Site is currently undeveloped, it is located directly adjacent to urbanized uses at the edge of the ULL, which are served by existing infrastructure, services, and facilities. While the development of the Residential Development Area would not be in fill in the traditional sense, the 30 acre development footprint is contiguous with the existing ULL boundary, and the proposed inclusion of the Residential Development Area into the ULL, if approved by the County, would result in the property being an infill site. The extension of infrastructure and services to the Residential Development Area would not be growth inducing, since the infrastructure would only serve the 125 residential units, and the permanent preservation and protection (via fee simple transfer, conservation easement, and deed restrictions) of 710 acres of open space Y:\Publications\Client (PN JN)\2648\ \EIR\3 R DEIR\ Sec03 09 Land Use.docx